The Rationality And Non-rationality In Judicature

In the history of the French Revolution, the period(from the end of 1792 to July 1794) which the Jacobins hold the power was a special one. "The light of rationality" of Enlightenment thinkers ignited the French Revolution, which get the "natural rights", "popular sovereignty" as the slogan, but there was the extreme alienation of the French Revolution, the "reign of terror" when the Jacobins hold the power. The author believes that the revolutionary tribunal during the French Revolution epitomized the role of justice between the rational and non-rational relationship to each other and the French Revolution. The rising French Revolution led to the emergence of the revolutionary tribunal, and inspired the factor of the revolutionary justice non-rational. On the other hand, non-rationality of judicature reacted oppositely to the country and society during the French revolution, leading to the appearance of Charisma leader, such as Marat and Robespierre. Non-rational justice also was increasingly out of control, eventually leading to the emergence of "reign of terror" and the collapse of the revolution.This paper consists of three chapters. In this paper, the historical development of the Revolutionary Tribunal is the beginning. After the outbreak of the French Revolution, the establishment of the Constituent Assembly established the National Special High Court and Parlement, in which the country can be said that the High Court in particular prototype revolutionary court during the Jacobins period later. Since then, with the further development of the revolution, the Jacobins advocated the establishment of the Revolutionary Tribunal to clean the counter-revolutionary forces. Finally, the Revolutionary Tribunal continued rigorously enforce the policy of terror led to its demise and downfall of the Jacobins.Secondly, in the second chapter, the paper takes the decree during the French Revolution and about the revolutionary tribunal as evidence, according the text analysis method, which contains Decree for Creating an Extraordinary Criminal Tribunal,(March 10, 1793), Decree for Establishing the Committee of Public Safety, The Law of Suspects and Law of 22 Prairial(June 10, 1794), in order to analyze the trend of the revolutionary tribunal even the French Revolution. Then, the third chapter in the context of the first two chapters, describes the major activities of the famous leader of the French Revolution such as Marat, Danton, Robespierre during the revolution and the one associated with the revolutionary tribunal, including that Marat as a defendant of Revolutionary Tribunal has thus achieved his charismatisch leadership during the French Revolution. On contrary, Danton took his own life in the Revolutionary Tribunal as a defendant, resulting in the achievement of the leadership of Robespierre. Robespierre used "people’s justice" of Revolutionary Tribunal, trying to achieve its transformation over the French people, and eventually failed. This part combined with the theory of Rousseau’s "virtue" and "Sovereignty of the people" in order to analyze that how the French Revolution got to non-rational extremes under the influence of these theories.Conclusion summarizes the article from three dimensions, which is two different logical rule of law and the revolution, the relationship between the administration of justice between the rational and irrational, justice rational and irrational aspects of aspects essentially representing a "rule of law" and "rule of man" in two governance. Dealing with the relationship between the two will be a long-term topic.